Technology parks with the status of a legal entity: issues of systematic legal regulation, type affiliation and organizational and legal form

In the article, the author stated that innovation is a popular direction of scientific research within the European community, which is focused on the «green economy». That is why in modern countries, technology parks occupy an important place as an environment where innovations are developed and implemented in production. Among the popular forms for technology parks, the first place is occupied by the construction of a legal entity, which allows distinguishing between the founders (participants) and the legal entity itself, property, responsibility, and risks of entrepreneurial activity, aimed at making a profit through independent, systematic, proactive, and risky activities. Technology parks with the status of a legal entity have special legal regulations. The author notes that the applicable legal acts that regulate the status of technology parks of legal entities are inconsistent with each other, which has an impact on the effectiveness of technology parks. From the material, it is evident that there is a need to coordinate the definition of organizational and legal forms in which technology parks can operate. In particular, the article critically evaluates the term «innovative enterprise», the definition of which is foreseen in the Law of Ukraine «On innovative activity», as it does not correspond to the modern directions of transformation of the system of legal entities in Ukraine due to the difference from the system of enterprises. Also, the specified term cannot perform the function of a general for technology parks, as it denotes a purely legal entity, and technological parks may also be established as contractual associations without legal personality. Therefore, it is substantiated that it is appropriate to define an innovative structure, the type of which is a technology park, as a general term for technology parks. When considering the legal form of the technology park, the author substantiates the inherent in it of the legal form of the joint-stock company and the limited liability company, since these forms are capital associations and are as favorable and objectively balanced as possible for the risky innovative activity of technology parks.

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Publication Details

Journal
Uzhhorod National University Herald Series Law
Published
2025-10-14
DOI
https://doi.org/10.24144/2307-3322.2025.90.2.7
Primary Topic
Engineering Education and Technology
Type
article
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article

Technology parks with the status of a legal entity: issues of systematic legal regulation, type affiliation and organizational and legal form

I. I. Durkach
Uzhhorod National University Herald Series Law
Engineering Education and Technology
article

Technology parks with the status of a legal entity: issues of systematic legal regulation, type affiliation and organizational and legal form

I. I. Durkach
article en

Abstract

In the article, the author stated that innovation is a popular direction of scientific research within the European community, which is focused on the «green economy». That is why in modern countries, technology parks occupy an important place as an environment where innovations are developed and implemented in production. Among the popular forms for technology parks, the first place is occupied by the construction of a legal entity, which allows distinguishing between the founders (participants) and the legal entity itself, property, responsibility, and risks of entrepreneurial activity, aimed at making a profit through independent, systematic, proactive, and risky activities. Technology parks with the status of a legal entity have special legal regulations. The author notes that the applicable legal acts that regulate the status of technology parks of legal entities are inconsistent with each other, which has an impact on the effectiveness of technology parks. From the material, it is evident that there is a need to coordinate the definition of organizational and legal forms in which technology parks can operate. In particular, the article critically evaluates the term «innovative enterprise», the definition of which is foreseen in the Law of Ukraine «On innovative activity», as it does not correspond to the modern directions of transformation of the system of legal entities in Ukraine due to the difference from the system of enterprises. Also, the specified term cannot perform the function of a general for technology parks, as it denotes a purely legal entity, and technological parks may also be established as contractual associations without legal personality. Therefore, it is substantiated that it is appropriate to define an innovative structure, the type of which is a technology park, as a general term for technology parks. When considering the legal form of the technology park, the author substantiates the inherent in it of the legal form of the joint-stock company and the limited liability company, since these forms are capital associations and are as favorable and objectively balanced as possible for the risky innovative activity of technology parks.

Uzhhorod National University Herald Series LawVol. 2(90)
Copiah-Lincoln Community College (US)
Openalex Percentile: Top 57%
Engineering Education and Technology
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